5967ORDINANCE NO.. 5967
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 1.01.389 OF CHAPTER 1.01 OF TITLE 1 OF THE
ANAHEIM MUNICIPAL CODE, NUNC PRO TUNC, TO
CORRECT CLERICAL ERRORS IN ORDINANCE NO. 5959
PREVIOUSLY ADOPTED
WHEREAS, the Anaheim City Council previously adopted its Ordinance No. 5925 amending
Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code relating to property
inspection and reinspection fees and establishing a procedure for collection of costs for graffiti
removal; and
WHEREAS, the Anaheim City Council thereafter adopted its Ordinance No. 5959 which
purported to amend said Section 1.01.389 in its entirety and which Ordinance No. 5959 changed the
title of Code Enforcement to Community Preservation and made various code amendments relating
thereto; and
WHEREAS, through inadvertence and clerical error in the drafting of Ordinance No. 5959,
certain language in said Section 1.01.389, as theretofore adopted by Ordinance No. 5925, was
unintentionally omitted from Ordinance No. 5959; and
WHEREAS, by the adoption of this ordinance, the Anaheim City Council desires and intends
to correct said error, nunc pro tunc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code, as
heretofore amended by Ordinance No. 5959, be, and the same is hereby, amended and restated in its
entirety, nunc pro tunc, to read as follows:
"1.01.389 ENFORCEMENT OF THE CODE -- CO PRESERVATION MANAGER
-- INSPECTIONS AND REINSPECTIONS FEES.
.010 The Community Preservation Manager and Community Preservation Officers shall
have the duty and authority to enforce Titles 2, 3, 49 5, 6, 7, 81 10, 11, 12, 13, 14, 15, 16, 17, and 18
of the Anaheim Municipal Code; Sections 17560 through 17568 and Sections 22435 through
22435.5 of the California Business and Professions Code; Sections 374.3, 594 and 594.1 of the
California Penal Code; and Section 6404.5 of the California Labor Code; and are further authorized
and directed, pursuant to Section 836.5 of the California Penal Code and Section 1.01.390 of the
Anaheim Municipal Code, to investigate violations, to arrest persons and to prepare, issue and
deliver to any such arrested person written notice to appear in court and to release such person from
custody upon receiving his or her written promise to appear in court for any violation or violations
of these provisions of the Anaheim Municipal Code and of State law.
.020 Nothing in this section is intended to or shall operate to change or shall have the
effect of changing the status of the Community Preservation Manager, Community Preservation
Officers, or other designated employees from public or miscellaneous employees of the City of
Anaheim to an individual peace officer or safety member for purposes of retirement, Workers'
Compensation or similar injury or death benefits, or any other employee benefits to which said
officer or employee would not have been entitled to as a public employee prior to adoption of this
section.
.030 There is hereby imposed upon each person who receives a notice of violation of any
of the above -referenced provisions of the Municipal Code or State law an inspection fee, in such
amounts as set from time to time by the City Council, which may be assessed for each initial
inspection and each reinspection of property conducted pursuant to this Section. Any such initial
inspection fee and first reinspection fee shall be waived and shall not be imposed when the particular
violation for which an initial inspection and first reinspection is conducted is fully abated and
corrected within the time and manner specified in the notice of violation. This fee is intended to
provide full cost recovery for administrative and operational costs based on actual time expended
for unnecessary inspections, and not for enforcement of the law. Any fees imposed shall be separate
and apart from any fines or penalties imposed for violation of the law. The amount of any fee
imposed shall be deemed a civil debt due and owing to the City of Anaheim. For purposes of this
subsection, the term `initial inspection' shall mean any inspection of the premises which results in
the issuance of a notice of violation of any of the above -referenced provisions of the Municipal Code
or State law.
.040 Graffiti Abatement and Cost Recovery.
.0401 Property defaced by graffiti or other inscribed material (as defined in Section
38772 of the Government Code or any successor provision thereto) is hereby declared to constitute
a public nuisance. The City, acting by and through its authorized employees, contractors or agents,
may summarily abate, or cause the summary abatement of, any such nuisance in the event the owner
of the property upon which the nuisance exists has not caused the complete abatement thereof
following receipt of notice of violation from the City and within the time and manner specified in
such notice. There is hereby imposed upon each commercial business or industrial property owner
a graffiti removal fee, in such amounts as set from time to time by the City Council, which may be
assessed for each graffiti removal conducted by the City pursuant to this Section after two
complimentary removals by the City conducted pursuant to this Section when the particular violation
for which a graffiti removal is not fully abated or corrected as directed by, and within the time and
manner specified in, the notice of violation. This fee is intended to provide full cost recovery for
administrative and operational costs based on actual time expended for habitual graffiti removals for
►)
commercial property owners, and not for enforcement of the law. Any fees imposed shall be
separate and apart from any fines or penalties imposed for violation of the law.
.0402 Any charges assessed pursuant to subsection .0401 for the abatement of any
nuisance resulting from the defacement of property by graffiti or other inscribed material shall be
a lien against the property on which said nuisance is maintained and a personal obligation against
the owner of such property. Notice of said lien shall be provided prior to recording thereof to the
owner of record of such parcel and shall contain all information required under Government Code
Section 38773. 1, or any successor provision thereto. Such notice shall be served on the owner in the
same manner as a summons in a civil action. Any lien so recorded may be foreclosed by an action
brought by the City for a money judgment. Should such lien be satisfied, discharged or released by
payment or foreclosure, notice thereof shall be recorded by the City."
SECTION 2.
That, except as expressly amended herein, the provisions of Ordinance No. 5959 shall
remain in full force and effect.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim declares that should any section, paragraph,
sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the
intent of the Council this it would have passed all other portions of this ordinance independent of
the elimination herefrom of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment of any other
ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax,
license or penalty or of the penal provisions applicable to any violations thereof. The provisions of
the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and continuations,
and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 26 day of April , 2005, and thereafter passed
and adopted at a regular meeting of said City Council held on the lo day of May 920059
by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway; Chavez
NOES: None
3
ABSENT: None
ABSTAIN: None
CITY OF AN IM
ByA's
MAYOR OF THE CITY 9AHEIM
ATTEST:
9
XJ444Z,c >26 -
Y CLERk OF THE CITY OF ANAHEIM
57736.1
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 19, 2005
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 19, 2005
J
61 Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
Proof of Publication of
@59td7
ANrfM 414NC�f0 iHE CITY WHET AME DING SECTION 1 01.389 OF
CHAPTER 1.01 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE, NUNGTRO TONC,
TO CORRECT CLERICAL ERRORS IN ORDINANCE NO. 5959 PREVIOUSLY ADOPTED
WHEREAS, the Anaheim City Council previously .adopted its Ordinance No. 5925
amending Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code relating
to property inspection and reinspection fees and establishing a procedure for collection of
j costs for graffiti removal; and
WHEREAS, the Anaheim City Council thereafter adopted its Ordinance No. 5959 which'
purported to amend said Sectidn 1.01.389 in its entirety and which Ordinance No. 5959
changed the title of Code Enforcement to Community Preservation and made various code
amendments relating thereto; and
WHEREAS, through inadvertence and clerical error in the drafting of Ordinance No.
5959, certain language in said Section 1.01.389, as theretofore adopted by Ordinance No.
5925, was unintentionally omitted from Ordinance No. 5959; and
WHEREAS, by the adoption of this ordinance, the Anaheim City Council desires and in-
tends to correct said error, nunc pro tune.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1.
That Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim Municipal Code, as here-
tofore amended by Ordinance No. 5959, be, and the same is hereby, amended and restat-
ed in its entirety, nunc pro tune, to read as follows:
'1.01.389 ENFORCEMENT OF THE CODE — COMMUNITY PRESERVATION MANAGER
-- INSPECTIONS AND REINSPECTIONS - FEES.
.010 The Community Preservation Manager and Community Preservation Officers
shall have the duty and authority to enforce Titles 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16,
17, and 18 of the Anaheim Municipal Code; Sections 17560 through 17568 and Sections
22435 through 22435.5 of the California Business and Professions Code; Sections 374.3,
594 and 594.1 of the California Penal Code; and Section 6404.5 of the California tabor
Code; and are further authorized and directed, pursuant to Section 836.5 of the California
Penal Code and Section 1.01.390 of the Anaheim Municipal Code, to investigate violations,
to arrest persons and to prepare, issue and deliver to any such arrested person written no-
tice to appear in court and to release such person from custody upon receiving his or her
written promise to appear in court for any violation or violations of these provisions of the
Anaheim Municipal Code and of State law.
.020 Nothing in this section is intended to or shall operate to change or shall have
the effect of changing the status of the Community Preservation Manager, Community Pres-
ervation Officers, or other designated employees from public or miscellaneous employees
of the City of Anaheim to an individual peace officer or safety member for purposes of re-
tirement, Workers' Compensation or similar injury or death benefits, or any other employee
benefits to which said officer or employee would not have been entitled to as a public em-
ployee prior to adoption of this section.
.030 There is hereby imposed upon each p
any of the above -referenced provisions of the M
as, in such amounts as set from time to time by
or each initial inspection and each reinspection
lection. Any such initial inspection fee and first
iot be imposed when the particular violation foi
apection is conducted is fully abated and correct,
he notice of violation. This fee is intended to pr
and operational costs based on actual time ex{
lot for enforcement of the law. Any fees impo:
fines orenalties imposed for violation of the law
deemed civil debt due and owing to the City <
tion, the term 'initial inspection' shall mean any I
the issuance of a notice of violation of any of the
pal Code or State law.
040 Graffiti Abatement and Cost Recovery
arson who receives a notice ofviolation of
unicipal Code or State law an inspection
the City Council, which may be assessed
i of property conducted pursuant to this
-einspection fee shall be waived and shall
which an initial Inspection and first rein -
ad within the time and manner specified in
ovide full cost recovery for administrative
tended for unnecessary inspections, and
ed shall be separate and apart from any
The amount of any fee imposed shall be
I Anaheim. For purposes of this subsec-
ispection of the premises which results in
above -referenced provisions of the Munick
.0401 Property defaced by graffiti or other inscribed material (as defined in Section
38772 of the Government Code or any successor provision thereto) ns hereby declared to
constitute a public nuisance. The City, acting by and through its authorized employees,
contractors or agents, may summarily abate, or cause the summary abatement of, any
such nuisance in the event the owner of the property upon which the nuisance exists has
not caused the complete abatement thereof following receipt of notice of violation from the
City and within the time and manner specified in such notice. There is hereby imposed
upon each commercial business or industrial property owner a grafft! removal fee, in such
amounts asset from time to time by the City Council, which may be assessed for each graf-
fiti removal conducted by the City pursuant to this Section after two complimentary remov-
als by the City conducted pursuant to this Section when the particular violation for which a
graffiti removal is not fully abated or corrected as directed by, and within the time and man-
ner specified in, the notice of violation. This fee is intended to provide full cost recovery for
administrative and operational costs based on actual time expended for habitual graffiti re-
movals for commercial property owners, and not for enforcement of the law. Any fees jm-
Posed shall be separate and apart from any fines or penalties imposed for violation of the
aw.
0402 Any charges assessed pursuant to subsection .0401 for the abatement of any
nuisance resulting from the defacement of property by graffiti or other inscribed material
shall be a lien against the property on which said nuisance is maintained and a personal
obligation against the owner of such property. Notice of said lien shall be provided prior
to recording thereof to the owner of record of such parcel and shall contain all information
required under Government Code Section 38773.1, or any successor provision thereto.
Such notice shall be served on the owner in the same manner as a summons in a civil ac-
tion. Any lien so recorded may be foreclosed by an action brought by the City for a money
)udgment. Should such lien be satisfied, discharged or Teleased by payment or foreclo-
sure, notice thereof shall be recorded by the City."
MOTION 2,
That, except as expressly amended herein, the provisions of Ordinance No. 5959 shall
remain in full force and effect.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim declares that should any section, paragraph,
sentence or word of this ordinance hereby adopted be declared for any reason to be inva-
lid, it is the intent of the Council this it would have passed all other portions of this ordi-
nance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment of any other ordi-
nance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date thereof, nor be construed as a
waiver of any tax, license or penalty or of the penal provisions applicable to any violations
thereof. The provisions of the ordinance, insofar as they are substantially the same as ordi-
nance provisions previously adopted by the City relating to the same subject matter, shall
be construed as restatements and continuations, and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Coun.
cil of the City of Anaheim held on the 26th day of April, 2005, and thereafter Passed anc
adopted at a regular meeting of said City Council held on the 10th day of May, 2005, by the
following roll call vote:
AYES:Mayor Pringle, Council Members Sidhu, Hernandez, Galloway; Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIN
By S/S Curt Pringle
MAYOR OF THE CITY OF ANAHEIN
ATTEST: ..._
S/S nSri uher�dl Schroeder
ne rue--AniAunne